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HomeMy WebLinkAbout12.15.08 Council Minutes 7a.- COUNCIL MINUTES PRE-MEETING DECEMBER 15, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE A GENDA MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Council asked about the fiber line contract with ISD 192. The City and school will each pay their portion. This contract allows for swapping fiber lines if the line is cut. This pertains to the fiber line to Akin Elementary School. The agreement also allows for expansion to other areas. Council asked about the amendment to the solid waste ordinance regarding changing to one-sort system recycling and why it was not included in the contract approved earlier in the year. Staff explained the one-sort system will start January 1, 2009, and cans will be delivered next week. Residents can set out the old bins or keep them. 5. STAFF COMMENTS City Administrator Herlofsky pulled the City Hall Change Orders. This will be brought back at the January 20, 2009 meeting. Mayor Soderberg proposed moving the Third Amendment to Development Contract - Vermillion River Crossing to consent as this was changing a date already agreed to at a previous meeting. Councilmember Wilson noted the name in the signature line needed to match what was in the contract. Council Minutes (Pre-Meeting) December 15,2008 Page 2 Councilmember Pritzlaff was uncomfortable with having the new Council working with change orders for the City Hall project as many of the items pertained to previous engineering issues. City Administrator Herlofsky stated it is an $8 million project and the change orders amount to $53,600. He pulled this item off because he wanted to check on a couple numbers. Councilmember Pritzlaff noted the City is not responsible for structural changes and staff needed to find out who is accountable for some of the change orders. Council member Pritzlaff noted he was late to the last workshop because he was at a City event from 3 - 5 p.m. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, /l .-L//.- )r7d~ //'~~~ c:;/ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR DECEMBER 15, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Abel Miranda, Kara Hildreth 4. APPROVE A GENDA Councilmember Pritzlaff pulled item 71) Approve Agreement Security Cameras City Hall and Police Station for discussion. City Administrator Herlofsky pulled item lOa) City Hall Change Orders to bring it back to the January 20, 2009 meeting. Mayor Soderberg moved item lla) Approve Third Amendment to Development Contract- Vermillion River Crossing to the Consent Agenda. He added item 5c) Toys for Town. MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Council Service City Administrator Herlofsky thanked Council for hiring him 960 days ago. He noted this Council found a way to arrive at the same destination by taking different paths. Serving on a City Council is democracy at a basic level and this Council has done an excellent job of serving the residents. He presented plaques to Mayor Soderberg, Councilmembers McKnight and Pritzlaff. Councilmember Pritzlaff thanked those who supported him in 2004 and in the 2008 election. He has attended many events and meetings in service to the City. b) Yellow Ribbon City Proclamation Mayor Soderberg read a proclamation from Governor Pawlenty noting Farmington has been recognized as the first Yellow Ribbon City in the state. Other states are looking at Minnesota and Farmington as an example. The future Council should continue to support Yellow Ribbon and Warrior to Citizen Council Minutes (Regular) December 15,2008 Page 2 programs. Councilmember Pritzlaff thanked Annette Kuyper for her hard work on these programs. c) Toys for Town Farmington High School students raised $10,000 for Toys for Town, a program that takes care of Farmington residents during the holidays. Wrapping of gifts will be Saturday at 8 a.m. 6. CITIZEN COMMENTS Mr. Russell Zelmer, Castle Rock Township, thanked the Council and employees for their work with the Castle Rock Discussion Group. a) Response to Mr. Charlie Weber A response was sent to Mr. Weber regarding his questions on the Rambling River Center and the elimination of the Recreation Supervisor position. 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (12/1/08 Pre-Meeting & Regular) b) Received Information School and Conference - Police c) Approved Metro Watershed Partners Funding - Natural Resources d) Approved School and Conference - Natural Resources/Solid Waste e) Approved Temporary Liquor License - Administration f) Adopted RESOLUTION R77-08 Approving Gambling Event Permit- Administration g) Adopted ORDINANCE 008-595 Amending Solid Waste Ordinance - Municipal Services h) Received Information November 2008 Financial Report - Finance i) Set January 14,2009, for Boards and Commissions Interviews - Administration j) Adopted RESOLUTION R78-08 Approving Heritage Preservation Commission Consultant Contract - Administration k) Adopted RESOLUTION R79-08 Approving Police Sergeant's Agreement- Human Resources m) Adopted ORDINANCE 008-596 Amending City Code Defining Modular Homes - Planning n) Adopted ORDINANCE 008-597 Amending City Code to Conditionally Allow Multiple-Family Dwellings - Planning 0) Accepted Resignation Planning Commission - Administration p) Approved Fiber Line Contract with ISD 192 - Human Resources q) Approved Bills r) Approved Third Amendment to Development Contract - Vermillion River Crossing - Engineering APIF, MOTION CARRIED. Council Minutes (Regular) December 15, 2008 Page 3 I) Approve Agreement Security Cameras City Hall and Police Station - Police Councilmember Pritzlaff noted funds are being used from the new City Hall project for security cameras for the City Hall, liquor stores, Maintenance Facility, and Police Station. He asked how money can be used from the new City Hall project for other buildings but the money cannot be used to renovate the old City Hall for the Rambling River Center. Finance Director Roland stated money is not being used from City Hall funds to pay for cameras for other buildings. When the Police Station and Maintenance Facility were constructed, a Municipal Projects fund was opened. There are two separate accounts; a municipal building fund for the Police and Maintenance Facility and a second account for the City Hall. Money from the sewer, water, storm water and refuse contribute. The liquor store pays for the cameras itself. Money cannot be used for the Rambling River Center because the use of the money for the new City Hall is specific to the CIP bonds which does not include other buildings. 8. PUBLIC HEARINGS a) Adopt Ordinance - 2009 Fee Schedule - Administration Council asked questions about various fees. Regarding dog licenses, the fee goes up after March 1 to encourage residents to license their dogs early in the year. The surface water management fee was changed from square feet to acres to be consistent with other fees that are by the acre. Councilmember Pritzlaff noted the surface water management fee for low density residential is a 65% increase. City Engineer Schorzman explained every ten years the City goes through a planning process with the four plans and calculates what the future needs will be based on current dollars. The estimate is based on construction costs. Councilmember Pritzlaff noticed the residential high density is a $7,000 increase and commercial is also up. The water treatment plat fee is up $300. City Engineer Schorzman explained the same methodology was used. There is a dramatic increase in what the Water Treatment Plant will cost. This increase is half what it will cost. Councilmember Pritzlaff stated he will vote no on the fees. They are way too high and not competitive with other cities. Councilmember Wilson identified the same concerns. If we are not competitive with our neighbors, we need to balance our needs with other cities. He suggested these fees be considered in January. Councilmember Fogarty suggested pulling this portion out of the fee schedule and asked staff to create a spreadsheet to compare other cities and what their fees include. As far as the Ice Arena fees, she suggested we use the PRAC recommendation. Councilmember Wilson wanted to approve all the fees in January, however staff noted certain fees need to be approved by January 1, especially the Met Council fees. Council Minutes (Regular) December 15,2008 Page 4 MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 008-598 establishing 2009 fees and charges effective January I, 2009, except the Permit section for Subdivisions/Developments including the surface water management fees, park development fee, and the water treatment plant fee. These should be brought back to the January 20,2009, meeting. The Ice Arena fee should be the PRAC recommendation. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS b) Approve Roundabout Change Orders and Final Pay Estimate - Engineering City Engineer Schorzman explained change orders 1-5 for the TH3 and 195th Street roundabout. Change order I includes payment for the excavation of muck soils that were encountered on the west leg of the roundabout and also payment for material that was hauled in to replace the unsuitable materials. Change order 2 provides payment for changes to the traffic control to add more barricades and signs to provide additional guidance for the public. Also signs were needed to provide guidance to Southern Hills Golf Course and the entrance location for the golf course was moved from TH3 to the east leg of the roundabout. Change order 3 includes removing and relocating driveway culverts, change in the type of heads on the lights in the roundabout, working and compacting a section of subgrade, payment for delays and extra work due to utility conflicts, changes to the irrigation system, and hiring a different contractor to finish the striping. Change order 4 is payment for work and materials to relocate the existing entrance to Southern Hills Golf Course from TH3 to the end of the east leg of the roundabout. Change order 5 is a price reduction based on tests that did not meet the specifications for 100% payment. MOTION by Fogarty, second by McKnight to approve change orders 1-5 for the TH3 roundabout project and final payment to the contractor in the amount of$77,230.89. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. c) Approve Spruce Street Change Order - Engineering City Engineer Schorzman explained change order 2 for the Spruce Street/Second Street utility and street reconstruction project. The change order includes payment for advanced warning traffic control signs, restocking fee of sanitary manhole #4, two-inch copper water services, two twelve-inch and one six-inch hydrant extension, and widening the northeast comer of the Spruce Street and Second Street intersection. MOTION by Fogarty, second by Wilson to approve change order 2 in the amount of$8,689.02. APIF, MOTION CARRIED. Council Minutes (Regular) December 15,2008 Page 5 11. UNFINISHED BUSINESS b) Adopt Resolution - Approve 2009 Tax Levy and Budget - Finance The tax levy and 2009 budget is the same as what was proposed at the September 15,2008, Council meeting. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R80-08 setting the 2009 collectible property tax levy. Councilmember Pritzlaff was concerned with approving the levy before the 2009 budget. City Administrator Herlofsky noted Council should not lower the levy. Councilmember Wilson noted due to cuts in the State budget, Governor Pawlenty encouraged cities to not have merit or incentive pay. There are significant dollars when you tack on 3% to the mid-year performance. He had a concern with that ongoing practice. Weare proposing to lose a staff person, which is unwarranted and felt that would be the trend. He would prefer to retain staff at a more consistent market value. Councilmember Pritzlaff noted companies are suspending merit pay and also freezing wages. He also had questions with the Recreation Supervisor position being eliminated and salaries. If the levy is approved at 5% there would be no change in the budget. If changes can happen in the budget, they would bring the levy down. Councilmember McKnight cautioned we may not get $350,000 in State aid. Mayor Soderberg noted staff reduced the levy to 5%, which is what Council asked them to do. Voting yes: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. The 2009 budget does not contain any new staff, a Police Officer has been re- assigned to the school district, $75,000 will be transferred from the liquor fund to fund the pool. The Fire Chief position has been removed along with the new fire truck, and the Recreation Supervisor position has been eliminated. Councilmember Wilson noted the residents find value in the recreation programs provided. Recreation Supervisor Patti Norman does a phenomenal job in providing those programs to residents, runs the pool, and that position is proposed to be eliminated. He felt this will blow up recreation programs in the City. There is a lot of attention directed towards a non-profit to come to the City, but they are not here yet. He felt we were dismantling our recreation programs. Unless the Park and Rec staff is working less than 40 hours a week, he cannot see how there would not be an accumulation of overtime hours and an increase in hiring seasonal staff. We are saving $75,000, but a large chunk will be used up in overtime. The Parks and Recreation Commission is also concerned with eliminating this position. Before we have the certainty of a non-profit that would partner with the City, we should not eliminate staff. He would like to see the new Council, Parks and Recreation Commission, City Administrator and Parks and Recreation Director get a global picture of what is going on. He suggested Council consider funding the position for six months while examining the broader picture. It is not too much of a gamble to preserve the integrity of the programs to keep this position until the end ofthe second quarter 2009. Council Minutes (Regular) December 15,2008 Page 6 Councilmember Pritzlaff noted in the 2008 accomplishments Parks and Recreation Supervisor Patti Norman received an award for Party on the Knoll. That position generates revenue. There are other positions we could do without with some re-organization. At the last workshop we expended $1200-$1800 for this person to have additional training after it was proposed to eliminate this position. He would like to keep the position in the budget. Local government aid will also be cut. At the last meeting we approved salaries with increases. Councilmember Pritzlaff gave examples from the salary structure of how the annual increases from one year to the next did not match with the percentage increase approved. Finance Director Roland stated the amounts in the 2009 budget are the amounts approved as part of the salary schedule which includes not just management, but also supervisors, AFSCME who also receive merit pay as part of their contractual obligations. They may differ because individuals receive merit pay at different points in the year. City Administrator Herlofsky stated the salaries for 2007,2008, and 2009 have been consistent with the salary range established. In 2002 there was a comp worth study and adjustments were made. Councilmember Pritzlaffnoted department head salaries had a $4,000 - $3,000 difference from one year to the next. At some point merit pay and salaries need to freeze. Maybe a $4200 merit pay needs to be suspended for a year or two until things are better. Another person within six months of retiring took a layoff to save someone else's position. Seeing the step increases and raises approved, he does not see anyone stepping up to try to keep a position. Councilmember McKnight noted this Council voted itself a raise next year. We have been through these issues and he was ready to approve the budget. If the next Council wants to make changes, they can. Councilmember Wilson noted he did not vote for his own pay increase. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R81-08 approving the 2009 budget and revising the 2008 budget. Councilmember Fogarty noted it was not easy to vote to lay someone off. She has to believe staff that there will not be increases in overtime or a decrease in recreation programs. Staff will be held accountable. The City survey five years ago said residents would rather see a decrease in services than an increase in taxes. Councilmember Wilson stated if staff is proposing to eliminate a position, don't give false information that it will not affect the programs. If we had an honest presentation of the budget, he would not question it. Mayor Soderberg found his comments degrading to staff. Councilmember Wilson stated there is no supporting information, so he would submit the information is inaccurate. He will not rubber stamp a number, he wants to dig in and find out what is happening in the budget. Councilmember Pritzlaff stated some of the information in the budget, based on the information he has on salaries, has some inaccuracies. It took two months to get the additional information. He suggested the next Council watch what they ask for as it is not given freely. Council Minutes (Regular) December 15,2008 Page 7 Mayor Soderberg stated staff did what Council asked them to do. He has every confidence they gave accurate information. For any Councilmember to say staff is lying is despicable. While Council disagrees, we have to pass a budget. He does not like to cut a position. If we do not get State aid, there will be at least three additional positions. He thanked staff for doing their job. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. c) Approve 2009-2013 CIP - Finance The projects in the CIP are included in the 2009 budget for funding. Councilmember McKnight encouraged the next Council to make sure the projects are feasible before they are started. Councilmember Wilson felt it was important to review improvements at the intersection of Flagstaff and CRSO. Councilmember Pritzlaff noted there is $150,000 listed in 2009 for a signal at Elk River Trail and Pilot Knob Road, but it is not definite a signal will be installed in 2009. Finance Director Roland stated we have to account for potential expense in case the county does approve it. All projects in the CIP have to come back to Council to be approved. City Engineer Schorzman suggested the CIP be changed to traffic control rather than a signal for Elk River Trail, 19Sth Street, and 190th Street intersections with Pilot Knob Road. MOTION by Fogarty, second by Pritzlaffto approve the 2009-2013 Capital Improvement Plan changing the language for Elk River Trail, 19Sth Street and 190th Street intersections with Pilot Knob Road to read traffic control rather than signal. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked the Downtown Business Association for the tree lighting ceremony. Recycle bins for one-sort recycling will be out this week. She thanked Mayor Soderberg, Councilmembers McKnight and Pritzlaff and she has enjoyed the challenging conversations and it has been an honor to serve with them. Councilmember McKnight: Thanked the community for the honor to allow him to serve. Councilmember Wilson: The last four years Council has worked through an unbelievable set of challenging issues. City government becomes an easy target. He appreciated Councilmember McKnight's knowledge of local government. He enjoyed working with Councilmember Pritzlaff and he has served the tax payers well. He thanked Mayor Soderberg for leading the City. The one aspect he has appreciated is his humble love for the veterans. The next Council should put a veteran's memorial at the top of the agenda. He attended the Yellow Ribbon ceremony and it was a humbling experience. He was very proud ofthe community. Council Minutes (Regular) December 15,2008 Page 8 Councilmember Pritz/aff: He appreciated working with all of the Councilmembers. There are five different personalities up here, but we do our job. We cannot make everyone happy. He took some responsibility for being hard on staff. Council does receive phone calls from the people they represent. He has been tough, but he appreciates everyone's work in the City from the top to the bottom. He was honored to be appointed to represent the Council in various groups. Public service has been fun and he enjoyed meeting everyone. He thanked all employees and residents. City Administrator Her/o/sky: Thanked Council for the opportunity to come to Farmington and it has been a fun 960 days. Parks and Recreation Director Distad: 4:00 p.m. The outdoor rinks will open Friday, December 19,2008, at Mayor Soderberg: He has served on the Council for ten years and it has been an incredible journey and an honor. He thanked the residents for their support. He thanked all employees for a job well done. They make this job easier. If it were not for the support of staff and clarification, it would have been a lot tougher. It has been a privilege serving this Council and past Councilmembers. He has made some incredible friends. Looking at the accomplishments for 2008 it is remarkable and he has a decade of those to reflect on. He marvels when people look at a situation and say it's a simple solution. Some are not quite as simple. Throughout his ten years he has tried to conduct himself as a public servant. He has tried to maintain a servant's heart. It has been an incredible journey and he is so grateful. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:39 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~;h-?~ Cynthia Muller Executive Assistant